COMMISSIONERS MINUTES                                March 17, 2008

The Elmore County Commissioners met in regular session on the above date in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the meeting were Chairman Arlie Shaw, Commissioners Larry Rose and Connie Cruser. Also present at the meeting was Clerk Marsa Grimmett and Civil Attorney Richard Roats.

Motion by Rose, second by Cruser, to approve the minutes of March 10, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Correspondence that was received by mail was reviewed.

A letter received from AT&T regarding the lease for a cell tower at the Fair grounds was discussed. AT&T is terminating their lease with the County. The revenue generated was approximately $7,000 per year and went to the Fair Budget.

A letter was received from the Fair Board regarding a bid for a new roof on the Exposition Hall at the Fair grounds. Discussion followed.

Assessor Jo Gridley appeared with a question for the Board regarding a refund for leased equipment for 2007 regarding agriculture use. After discussion the Board decided no refund was due. Other items were discussed.

Greg Mauer, Elmore Medical Center Administrator, appeared before the Board to discuss the Joint Ambulance Study results. Motion by Cruser, second by Rose, to accept the results of the Joint Study for Ambulance Services dated March 17, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Chief Deputy Nick Schilz, Sheriff’s Office, appeared to report on the location of the County owned ambulances. One of our ambulances has a transmission problem. Deputy Schilz also reported on a snowmobile accident up in Prairie. Homeland Security Funds were discussed.

A small recess was taken. Regular session resumed.

Kate Ackerson, Fair Director and Michael Mitchell, Chairman of the Fair Board, appeared before the Board to discuss Fair related issues. The roof on the Exposition Hall at the Fair grounds was discussed. A request for bid will be advertised in the paper for the new roof on the Exposition Hall. The Paradise Amusements Contract was discussed. The Commissioners stated the County’s Civil Attorney will review it. The White Knuckle Racing Contract was discussed. Chairman Mitchell stated they were updating the current five year contract. Civil Attorney Roats stated the contract needs to have stronger language regarding the dumping of hazardous waste, camping and camp fires, and ambulance coverage. Discussion followed on having a Fair employee on the grounds while the races are occurring. Also ambulance coverage must be a requirement. Commissioner Rose will attend the next Fair Board meeting.

Motion to recess for lunch by Shaw, second by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Cruser, to go into Executive Session pursuant to I.C. 67-2345(d) to meet with Social Services Director Marianne Bate. Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. No action was taken as result of the Executive Session.

Rose Plympton, Treasurer, appeared before the board to explain the Distraint Warrant on Javier Garcia Juarez and Maria Pineda. Motion by Shaw, second by Rose, to approve the Distraint Warrant on Javier Garcia Juarez and Maria Pineda.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Motion by Shaw, second by Rose, to go into Executive Session pursuant to I.C. 67-2345(d) with Social Services Director Marianne Bate. Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

A hearing was held on K-11-07-06. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Civil Attorney Richard Roats, Deputy Clerk Steele, and the applicant. Chairman Shaw swore the applicant in. Ms. Bate gave an overview of the case. Motion by Shaw, second by Rose, to continue the hearing on case K-11-07-06 to April 28, 2008.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Still in Executive Session a hearing was held on K-05-07-12. Present at the hearing were the three Commissioners, Social Services Director Marianne Bate, Civil Attorney Richard Roats, Deputy Clerk Steele, and the applicant. Chairman Shaw swore the applicant in. Ms. Bate gave an overview of the case. Motion by Rose, second by Shaw, to approve case K-05-07-12 with a reimbursement order of $25.00 per month.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed.

Karl and Carrie Vogt, Northwest Paramedic Associates, appeared before the Board for their regular monthly meeting. Mr. Vogt gave the Commissioners a report on activities for 2007 which they reviewed. Response times were reviewed. Commissioner Cruser gave Karl and Carrie a copy of the Joint Ambulance Study that had just been finished. Discussion followed on how the Joint Ambulance Study was conducted.

Larry Tripp, Forest Service-Mountain Home Ranger District, appeared before the Board to discuss the Danskin/Camas land exchange, recreation fees for camp grounds, the travel management project, boat docks, a snowmobile agreement, and fuels project for this summer. Mr. Tripp explained the Danskin/Camas land exchange was moving along. The land exchange is to resolve trail access problems in that area. Mr. Tripp then spoke of travel management, in 2005 the Forest Service issued a national policy on motorized travel on designated routes only. Recreation fees collected for campgrounds do not reimburse the Forest Service enough for recreation management costs. They will be increasing fees at the developed camp sights such as Dog Creek, Elk Flats, etc. Boat docks were discussed next, the County committed to provide $20,000.00 for grants that were submitted by the Forest Service. The grant applications didn’t fair very well, the Pine boat ramp is right at the funding line, the Little Camas project, which is a new ramp and docks, is well below the funding line as well as the maintenance proposal. Mr. Tripp reported the Curlew boat ramp is new, last year a grant was awarded for Fall Creek and those docks will be put in this spring. Mr. Tripp reported there has been no snowmobile agreement between the county, Forest Service and Idaho Parks and Recreation. Possibly adding the Highway District to the agreement was discussed. Mr. Tripp would like to get an agreement in place by the next snowmobile season. The fuels project was completed in the Pine/Featherville area last fall. The levy on the river up in the Pine/Featherville area was briefly discussed. Mr. Tripp will talk to Chief Deputy Nick Schilz regarding the issue.

Motion by Shaw, second by Rose, to go into Executive Session pursuant to I.C. 67-2345(b). Roll call vote was taken.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Regular session resumed. Prosecutor Schindele stated that while in Executive Session the Board unanimously voted to take certain personnel action that was carried out in Executive Session.

Motion by Shaw, second by Cruser, to open the public hearing on Proposed Ordinance No. 2008-1 repealing Elmore County Ordinance 2-68 regulating discharge of firearms within one mile of City limits and Proposed Ordinance No. 2008-2 repealing Elmore County Ordinance 3-70 regulating careless, reckless or negligent discharge of firearms.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

Kyle Wartell, Bruneau Highway, appeared before the Commissioners and stated his main concern is protecting the pheasants that he owns.

Motion to approve Ordinance 2008-1 and Ordinance 2008-2 by Shaw, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

ORDINANCE NO. 2008-1

ORDINANCE REPEALING ELMORE COUNTY ORDINANCE REGULATING DISCHARGE OF FIREARMS WITHIN ONE MILE OF CITY LIMITS

WHEREAS, the Board has reviewed Elmore County Ord. 2-68 regulating the discharge of firearms within one mile of the incorporated limits of any city or town site in Elmore County, Idaho;

WHEREAS, the Board has received complaints regarding Elmore County Ord. 2-68 (discharge of firearms within one mile of city or town site limits) and its interplay with Elmore County Ord. 3-70 (careless, negligent or reckless discharge of firearms);

WHEREAS, the Board has reviewed several Idaho Code sections, namely I.C. §§ 18-3303 (exhibition or use of deadly weapon), 18-3304 (aiming firearms at others), 18-3305 (discharge of arms aimed at another), 18-3306 (injuring another by discharge of aimed firearms), and 18-3312 (injury another by careless handling and discharge of firearms); and

WHEREAS, the Board has determined the State code satisfactorily regulates firearm use in Elmore County sufficient to preserve public health, safety and welfare.

BE IT ORDAINED BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS, IDAHO, IN LAWFUL MEETING ASSEMBLED:

Elmore County Ord. 2-68, regulating the discharge of firearms within one mile of city or town site limits, is hereby repealed in all respects.

This ordinance shall be effective upon its passage and publication as provided by law.

Enacted by the Elmore County Board of County Commissioners as an ordinance on the 17th day of March, 2008.

Arlie Shaw, Chairman, Board of Commissioners
Larry Rose, Commissioner
Connie Cruser, Commissioner
ATTEST: Marsa Grimmett, County Clerk



ORDINANCE NO. 2008-2

ORDINANCE REPEALING ELMORE COUNTY ORDINANCE REGULATING CARELESS, RECKLESS OR NEGLIGENT DISCHARGE OF FIREARMS

WHEREAS, the Board has reviewed Elmore County Ord. 3-70 regulating the careless, reckless or negligent discharge of firearms in Elmore County, Idaho;

WHEREAS, the Board has received complaints regarding Elmore County Ord. 2-68 (discharge of firearms within one mile of city or town site limits) and its interplay with Elmore County Ord. 3-70 (careless, negligent or reckless discharge of firearms);

WHEREAS, the Board has reviewed several Idaho Code sections, namely I.C. §§ 18-3303 (exhibition or use of deadly weapon), 18-3304 (aiming firearms at others), 18-3305 (discharge of arms aimed at another), 18-3306 (injuring another by discharge of aimed firearms), and 18-3312 (injury another by careless handling and discharge of firearms); and

WHEREAS, the Board has determined the State code satisfactorily regulates firearm use in Elmore County sufficient to preserve public health, safety and welfare.

BE IT ORDAINED BY THE ELMORE COUNTY BOARD OF COUNTY COMMISSIONERS, IDAHO, IN LAWFUL MEETING ASSEMBLED:

Elmore County Ord. 3-70, regulating the careless, reckless or negligent discharge of firearms in Elmore County, is hereby repealed in all respects.

This ordinance shall be effective upon its passage and publication as provided by law.

Enacted by the Elmore County Board of County Commissioners as an ordinance on the 17th day of March, 2008.

Arlie Shaw, Chairperson, Board of Commissioners
Larry Rose, Commissioner
Connie Cruser, Commissioner
ATTEST: Marsa Grimmett, County Clerk

Motion to close the public hearing by Shaw, second by Cruser.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

The public portion of the meeting was held.

Angela Ruona, 258 Domingo Court, Mountain Home, ID, appeared before the Commissioners to complain about offensive odors emanating from adjoining property. Tom Howe also complained about the same property. The Prosecutor will work on the problem.

Motion to adjourn by Shaw, second by Rose.
SHAW - AYE
ROSE - AYE
CRUSER - AYE Motion carried and so ordered.

/S/ ARLIE SHAW, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk